Child Injury Lawyer Blog

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Four year old Dakylie Hamilton and his three year old sister Desean Hamilton were given a battery powered plastic toy all terrain vehicle (ATV) for Christmas this year. According to the Wills Point Police Chief, the two children were not being supervised by an adult when the toy plunged into a creek near their home. They were pulled from the water but were not responsive and could not be revived. The children’s single mother was at work when the accident took place, and the children were supposed to be under the care of their grandmother. Texas Child Protective Services have been alerted, as there are other children living in the home. While the investigation is still underway, police are calling this a tragic accident.

Children of any age need to be supervised by an adult when riding any kind of motorized vehicle. Adults can make sure that the road is clear of debris and other hazards, and enforce proper safety habits like wearing a helmet and keeping the speed of the vehicle under control. You can find out more about this tragic ATV accident that killed two children at Two children die when toy ATV drives into creek in Wills Point.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When word first came out that Christopher Kayden Roedel had been struck and killed in a traffic accident, police said that no charges would be filed in the case. The child was struck by a pickup truck as he was running across a busy street after dark and was pronounced dead at the scene.

Many pedestrian accidents and injuries can be avoided by slower driving and better safety awareness by drivers. However in this case, both the accident report and the police statement would indicate that the driver was not at fault; it can be nearly impossible to see a small child dart into the road unexpectedly, especially if he was wearing dark clothing. Children do not have a developed sense of danger, and it is up to parents to keep a hold of their children when they are outside, especially when they are near a busy street. Read the details of this tragic accident that killed a five year old at UPDATE: CPS Investigating After Child Is Struck and Killed by Truck 12/14/09.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A strong-willed child is a child who doesn’t mind his parents. He may also be described as stubborn or willful, and will strongly reject overt attempts to control his behavior. Children tend to become strong-willed in phases, during the “terrible twos” and the teenage years. According to a recent article, the skills required for dealing with these two very different ages of children are basically the same.

How can you handle a strong-willed child?
- Be consistent. Don’t let the child wear you down until he gets what he wants. This just reinforces nagging behavior.
- Show them you mean what you say. Bending the rules or not following through on punishments only teaches children that sometimes they can get away with bad behavior if mommy and daddy are tired or distracted.
- Do not get dragged into a fight with your child. You are the adult and you need to bring the level of the discussion up to your level. Take a break and walk away from the conversation if you need to.
- Be sure that all of the child’s caregivers and the rest of the family are aware of the plan and willing to stick to it. The plan will be much more successful if the child is subject to the same rules wherever he may be.

Parents can console themselves with the knowledge that strong-willed children generally grow up to be motivated, successful adults with high self-esteem. When they are being strong-willed they are just demonstrating that they need someone to show them the discipline to control their behavior. Read the full article with links to more tips at Parenting the Strong-Willed Child and Keeping the Upper Hand.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Dr. Ben Leichtling is the author of the book “How to Stop Bullies in Their Tracks.” He recently posted a blog article in response to a parent whose four year old child was being bitten and punched by a classmate. The parent felt that the other child might be too young to realize what he is doing, and the fact that the school has done nothing to discipline the child has made the mother feel that maybe she is overreacting to “normal” kid stuff.

Dr. Leichting gives some advice that all parents can benefit from. He says not to think too hard about the other kid or the school. He said to think about what type of environment your child should be in and whether he or she should be subjected to physical abuse by another person under any circumstances. He suggests asking yourself if it is appropriate for teachers and administrators to ignore abusive behavior and turn their back on a child who is being hurt.

Parents should not wait until they get pushed to the limit to make their voices heard. Children are not able to protect themselves, so it is the parents' responsibility to do so if the school will not. Parents, whether on their own or with a group of other parents, need to go to administrators and let them know that they will not tolerate abusive actions toward their child. Parents need to be clear that an apology is not enough, that the aggressive child needs to be disciplined to either stop the behavior or be removed from school. Parents need to be willing to do whatever it takes – even going to the media or removing their own child from the school.

It is important to keep in mind that discipline is helpful to the aggressive child as well. Children who are not taught to behave appropriately at a young age will suffer disciplinary problems and risk becoming a social outcast or criminal. Read more about how to deal with bullies at Stop Bullying by a 4-Year Old.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Consumer Product Safety Commission released its report for Toy Related Deaths and Injuries for the Calendar Year 2008. There were 19 reports of deaths related to toys and 235,300 reports of injuries related to toys. The injuries ranged from minor injuries like lacerations to more serious personal injuries. Riding toys appeared to be the toy associated with the more emergency room visits than other types of toys. Parents, teachers, and day care providers should review the report to see the causes of the deaths and the statistics regarding the injuries. While all injuries and deaths cannot be completely avoided, education, knowledge, and consistent adult supervision can help reduce the number and severity of injuries related to toys. See Consumer Product Safety Commision - Toy Related Deaths and Injuries for Calendar Year 2008.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Idaho and other States, driveways can be a very dangerous place for children. Driveway incidents or accidents causing injuries to children are so dangerous that there is a designation or name for these type of accidents. These accidents are frequently referred to as backover or frontover accidents or injuries. Safe Kids is a non profit organization with offices and affiliates all over the United States. Safe Kids and other child advocacy and safety groups urge parents and drivers to take a few moments to when entering or exiting a driveway to look out for children and to make sure that all children are cleared away from the driveway area. A good article was recently posted at the Idaho Statesman about the problem and dangers of backover and frontover driveway accidents. Read the article, pay attention, and watch out for children.

In Pennsylvania and other States, parents do their best to anticipate dangers to their children. As such, a parent can take precautions and safety measures like holding a child hand when crossing the street or using safety restraints and special car seats in the car. However, it is difficult for a parent to anticipate certain incidents like a ceiling collapse. In Erie Pennsylvania, it was reported at the Fox News Website that a ceiling collapsed right over a baby's crib. Fire Rescue (911) was called about the incident. The baby was only two weeks old at the time of the incident. The child was transported to the hospital for treatment and evaluation. The ceiling probably was weakened by some kind of moisture damage. Fortunately, the child did not suffer any significant persona injuries as a result of this incident.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New York and other states, infants and small children are at increased risk for injury when riding in an automobile. This is especially true for children who are not placed in a infant seat, child seat, or booster seat based on the age and / or size. New York law was recently changed to require children through the eighth birthday to have a booster seat. There is an exemption for children younger than 8 who are 4 Feet 9 Inches Tall and / or who weigh 100 pounds or more.

Seat belt and safety equipment laws help save lives and help prevent or lessen the extent of personal injuries suffered in an automobile accident. With or without a law in place, parents should exercise due diligence and care when transporting children. You can read more about the New York law and the reasons for these requirements at New York Increases Age Limit for Booster Seats.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Toys can and do cause eye injuries every year. During the holiday season, a Christmas Story has become a classic. It is a movie about a boy named Ralphie who has a wish to get a special BB gun for Christmas. He wish comes true and he goes into the back yard to shot the gun. Sure enough, when he finally gets to use his gun, he suffers a minor eye injury. It was scary for Ralphie. He cried and ran to his mother. While the movie, The Christmas Story, is a warm hearted comedy, there is a serious problem and danger with toy related eye injuries. The Georgia Optometric Association posted a helpful article at the The Daily Citizen (Northwest Georgia) Website. Parents, child care providers, and teachers should use their best efforts to prevent eye injuries from occurring. In doing so, dangerous toys should be removed and close supervision should be provided to make sure that accidental injuries do not otherwise take place from common items like pencils, pens, sticks, sharp objects, and other items or toys.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents have both a moral and legal obligation to protect their children from harm. Most parents do a great job as parents, caregivers, and educators of their children. In protecting our children, there are a great many resources and educational programs that can help parents with these most important responsibilities. The Lil' Iguana Children's Safety Foundation has a mission of educating children (ages 2 through 8) about the dangers of sexual predators and serious accidental injuries. Through educational products, videos, and live events, the lessons presented by Lil' Iquana can help save a child from harm, injury, and even death. No educational program can guarantee safety for a child or protect a 24 / 7 shield for the child; however, programs like Lil' Iguana can help provide a child to better understanding of dangers. Furthermore, these educational programs gives the child some basic techniques for avoiding danger. You can read more about Lil' Iguana at the official website for the Lil' Iguana Children's Safety Foundation.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Day care centers have a duty to supervise children. In addition, day care centers should be more than just a babysitter. Day care centers should use their best efforts to enrich the lives and education of children by engaging the children in meaningful activities. Unfortunately, many day care centers bring the children into the day care center or day care home and turn on the television. It is well known that inactivity in children is not healthy for the bodies or their minds. You can read more about the issue or problem at
Day Care Centers May Increase the Time that Children Watch Television.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to a British organization, the Child Accident Prevention Trust, attractively packaged capsules containing dishwashing detergent pose a serious poisoning risk for children. The capsules contain highly-concentrated detergent, which can cause serious chemical burns. According to the Trust, “hundreds” of children are being poisoned, and they attribute an 11% increase in calls about accidental poisoning to the introduction of the new tablets on the market. Toddlers have reportedly suffered chemical burns to the throat, eyes and skin after biting or playing with the tablets. The vibrant packaging and attractive design of the tablets are believed to make the poison more attractive to young children.

Parents need to be aware that these tablets may be extra attractive to children and take care to keep them out of their reach. Because children are oblivious to the dangers of playing with or eating dangerous objects, it is up to the parents to maintain proper child safety measures to keep their offspring safe from harm. Parents should keep emergency phone numbers, including poison control, within easy reach in case of an accident. Manufacturers can do their part by clearly labeling hazards as required by law and by being careful to avoid designing hazardous products that resemble toys. This includes brightly colored packaging as well as the design of the products themselves. Find out more the poisoning dangers at Wash capsule ‘danger’ for kids.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Children are at risk for health problems and injuries from Secondhand Smoke. Adults have the free choice to smoke and to engage in other unhealthy activities; however, children often times are harmed in the process. A study conducted by the researchers at the Nationwide Children's Hospital & Research Institute at the Ohio State University determined that there was a causal link between Secondhand Smoke and health problems or risks to toddlers and obese children. It was noted that smoking outside does not insulate or protect children from Secondhand Smoke since smoking residue remains on clothing. You can read more about this study at Secondhand Smoke - Dangers to Health of Toddlers and Obese Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The Star Tribune (Minnesota) Newspaper website recently reported an encouraging article about day care centers in Minnesota. While the article lacked specific statistics and scientific analysis, the article did provide some home and encouragement for parents who have children in Minnesota day care centers. The title of the article - Beating the Flu at Day Care Centers - noted that some day care centers are very aware of the flu and germs that can show up at day care centers and to and from young children. Education and awareness are key to limiting the spread of the flu among young children. While it is impossible and unreasonable to expect that a child will never get a cold, flu or germs from another child in a day care center, it was encouraging to hear that some day care centers have been successful in limiting the reporting incidents of the flu. The simple act of turning off a community water fountain and being diligent about cleaning up a bathroom can help avoid the spread of the flu. You can read more about this article at Minnesota - Beating the Flu at Day Care Centers.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, day care centers have a duty to properly supervise children. It is vital that the children receive constant and consistent supervision. This includes but is certainly not limited to making sure that children remain in the facility. When a child leaves a child care facility without proper adult supervision, serious personal injuries and even wrongful death can result. In Douglas, Massachusetts, two young children were found wandering approximately 1/2 mile from the facility. Fortunately, the children did not suffer any injuries and were not abducted. Police were contacted and the children were eventually reunited with their families. Just because neither child was injured does not take away from the seriousness of this matter. The Massachusetts Department of Children and Families will investigate this matter to determine what procedures were in place, what procedures were followed, and what steps need to be taken in the future by this day care center to make sure that similar incidents do not take place in the future. You can read more about this story at Douglas Massachusetts - Two Children Wander Away from Day Care Center.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Maryland, a father was recently sentenced to 20 years in prison based on child abuse charges brought by the State. Andre Nathaniel Robinson, age 31, was accused of the crime of child abuse for burn injuries to his baby son. Mr. Robinson maintains his innocence of a crime and stated that the injuries were accidental in nature. The baby treated at Baltimore Washington Medical Center for burn injuries to the chest, right arm and face. While Mr. Robinson had a right to an attorney and to defend himself at trial, he entered an Alford plea to the charges. This type of plea in Maryland allows a Defendant to maintain his or her innocence with a plea that there is sufficient evidence for a conviction.

Parents, babysitters, and caregivers should not use scolding hot water as a threat or as a disciplinary measure against children. It is amazing that this malicious technique of punishment is still used by parents and child caregivers. You can read more about this story at Maryland Man Gets 20 Year Prison Sentence for Child Abuse.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Minnesota and other States, children are very curious. Young children often lack good common sense and safety awareness. This is especially true when it comes to putting objects and items in their mouths. In Minneapolis, Minnesota, a 13 month old baby was found sucking on a crack. Fortunately, the crack was wrapped in plastic at the time. It is not certain how the crack got into the day care center. In the typical day care center, there are various ways in which drugs or dangerous items make their way into the day care center. A child may have brought it in from home. A parent or other adult could have hidden or stored the item in the child's clothing or backpack. A child may have found the item on a playground, parking lot or field trip. It was reported that the child did not suffer any serious personal injuries from this incident. This story shows the importance of ongoing and diligent maintenance and inspection of day care centers by the owners and employees. It also shows the importance to parents and other adults of keeping dangerous items out of the hands and mouths of children. You can read more about this story at Minneapolis Day Care Center - Child Found Sucking On Crack.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Michael Schneider, a man from South Plains, Texas, will be serving a long prison sentence for child abuse crimes. Mr. Schneider committed horrible crimes against a defenseless child. In particular, he beat a 2 1/2 year old toddler and caused serious personal injuries to the child in the form of traumatic brain injury, fractured arms and nine fractured rib. Mr. Schneider even burned this child with cigarettes. Child abusers like Michael Schneider should serve long prison sentences for their crimes. It is shame that this child has to live a lifetime of injuries and disabilities. Some child advocates could easily argue that Mr. Schneider should have a life sentence since the child will live a lifetime with these injuries. You can read more about this story at South Plains, Texas Child Abuser Gets Prison Sentence.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

This past February, the United States Court of Federal Claims in Washington, DC handed down decisions in three test cases concerning childhood vaccinations and Autism. Their ruling was that vaccines, specifically the MMR vaccine and any vaccine with Mercury-based Thimerosal as a preservative, do not cause autism. The decision came after nearly ten years of debate and accusations between parents of autistic children and the makers of the childhood vaccines parents believed caused their children’s autism.

There is less than medical certainty as to the causes of Autism and the dangers of certain vaccines. Many conclusions are yielded from data and studies that are limited in their scope, depth, and population.

Everybody can and should agree that Autism is a very real medical challenge that parents have to deal with every single day. Hopefully, medical studies and research will continue to try to find the cause or causes of Autism and some form of treatments and improved therapies for Autism.

Find out more about this story at Why Does the Vaccine/Autism Controversy Live On?

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Officials in Howard, County Maryland voted to ban the use of tanning beds at salons / businesses by children under the age of 18. Child and health advocates argue that such tanning beds present a significant health risks to children as those exposed to tanning beds at a younger age may have an increased risk for the onset of skin cancer. Tanning business advocates and others may argue that tanning beds are safer alternative to the beach and that the medical evidence is far from certain as to statistics for cancer and other health risks.

You can read more about this story at Tanning Bed Ban in Howard County, Maryland.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Years ago in Wisconsin and other States, school aged bullying mainly consisted of bullying on the playground, hallways, and classroom. These days, the concept of school aged bullying has extended well past the walls of the school and the fields of the playgrounds. Children and teens are now using mobile phones, text messaging, Facebook, and other avenues on the Internet to bully and harass other children and teens. Some bullying incidents have even lead to suicides by some children / teens who became overwhelmed by the harassment and bullying. Parents and teachers should use their best efforts to try to prevent these bullying tactics. Children and teens should be held accountable and should be called out when they bully in person, via mobile phone or by the internet. You can read more about this topic at Milwaukee - Wisconsin Journal Sentinel - Bullying Extends Well Beyond School Walls.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Wales, a child suffered injuries at his home when he accidentally fell from a second story window. The child was three years old. It was reported that the child suffered a possible skull fracture and a possible pelvic or hip fracture. The child was standing up on a bench prior to fall.

Falls from multi level buildings do happen and can cause serious personal injuries for children. All parents, teachers, day care providers, and child care providers should take safety precautions to prevent these incidents from taking place.

You can read more about this incident at South Wales Child Falls from Second Story Window at Home.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Many of us can remember our parents telling us not to jump on the bed when we were kids. It turns out that they were not just being spoilsports; a vigorous bed jumping session in Massachusetts recently started a house fire that burned down two homes and damaged a neighboring apartment building. The blaze did not seriously injure anyone, but the homes destroyed were three-family residences and the apartment building had to be evacuated as well, so it left thirty-three people homeless just in time for the state’s first snowfall.

Brockton Fire Lieutenant Edward Williams explained how they believe the fire was started; the bed the children were jumping on was against a wall, and between the wall and the mattress was a cell phone charger that was plugged into a wall outlet. The vigorous jumping on the bed repeatedly jammed the heavy mattress into the charger, damaging the cord and causing a spark that set the bed, and the rest of the house, on fire.

It it likely that neither the children nor their parents had any idea that a bout of youthful exuberance would end in such a terrible fire. But parents everywhere can learn from this story and make sure that, even if they cannot keep their kids from disobeying house rules, they can keep electrical devices out of harm’s way. Find out more about how jumping on the bed can cause a fire at Children Jumping On Bed Sparked Brockton Fire.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to vehicle related safety practices under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-9.5).

When transporting children, day care centers in New Jersey have a duty to properly supervise children. In particular, these regulations mandate that children should never be left unattended on the day care bus, van or vehicle. Furthermore, children should be let on and off the vehicle only at the curbside of the location or street. For all children under the age of 6 years old, the school bus driver and / or aide has a duty to make sure that the child is discharged by a parent and duly authorized caregiver. There are a number of other regulations that can be reviewed in the New Jersey Administrative Code that should be reviewed by both day care providers and parents to make sure that there is compliance with the same.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Carmen Huertas, a mother from the Bronx, New York, appeared in court regarding manslaughter charges for the death of 11 year old - Leandra Rosado. In October 2009, it is alleged that Ms. Huertas drank heavily and then put seven children in a cr to take them to a slumber party. A subsequent crash caused the death of 11 year old Leandra Rosado. Parents and caregivers should avoid drinking and driving altogether. Having several drinks and then getting behind the wheel of a vehicle puts many people in danger especially innocent children. An adult can chose to risk her own safety and welfare by drinking alcohol, doing drugs, or otherwise engaging in dangerous activities or behavior. It is quite another thing to put your own children and other children at risk. Ms. Huertas will have the ability to defend herself from this criminal charges with a private attorney or public defender. Whatever the result on the criminal case - an innocent child is dead and would be alive today but for this fatal automobile accident. See Bronx Mother Faces Manslaughter Charges - DUI Automobile Accident Resulting in Death of 11 Year Old.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Infants and babies are at risk for injury when co-sleeping and alcohol combine. In Milwaukee, Wisconsin, a 6 day old baby died when the mother fell asleep or passed out on the couch at home. Rose Prescott, age 30, informed police that she may have fallen asleep on the couch after consuming alcohol earlier in the day. It was reported that the death of the child (Celianna) happen to be the third co-sleeping death in the immediate family.

Co-sleeping is commonly referred to as the family bed. Many parents and caregivers like to sleep in the same bed with an infant or child as sort of a bonding experience. Unfortunately, co-sleeping is extremely dangerous to infants and babies as they are at risks for suffocation and other related injuries as a result of an adult inadvertently lying or crushing the child.

You can read more about this story at Co-Sleeping Death in Wisconsin Results in Criminal Charges.

You can read more statistics and information regarding this topic at Co-Sleeping with a Baby Can Be Dangerous.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Working parents have many challenge. One such challenge is to find a good day care center for their children while they are at work. It can be difficult to find a good day care center which will make sure that the child is well cared for, educated, and otherwise safe during the working day. The website familydoctor.org posted a good article about finding a day care center titled Day Care: Choosing a Good Center. The article has many helpful tips for parents when selecting a day care center. Parents should the take the time and effort to collect information and speak to the day care owners, day care workers, other parents, and the State regulatory agency about the day care centers.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Texas and Other States, home based day care centers are subject to various rules and regulations. Many such rules and regulations pertain to limits to the number of children who can be cared for at any one time at the home based day care center. Rules and regulations are often times more involved for a commercial day care center in comparison to a home based day care center. Many day care operators fail to accurately report the number of children cared for in the home based day care center in order to avoid compliance with additional or more involved regulations. In Denton, Texas, a home based day care center owner was recently indicted for providing false information to police regarding the number of children cared for in the Texas day care center. You can read more about this story at Denton, Texas - Day Care Center Indicted for Giving Police False Information.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Roche, a drug manufacturer, withdrew Accutane from the market place. For years, Accutane has been a popular and helpful medication in dealing with Acne and other medical problems. Accutane boasted a high percentage of effectiveness even with some of the worst cases of Acne involving teenagers as well as adults. Unfortunately, there was a reported side effect from Accutane in the form of inflammatory bowel disease. As such, the drug was pulled form the market.

You can read more about this story at >Drug Manufacturer Withdraws Accutane from Market.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

During the holiday season, parents, grandparents, other relatives, and friends purchase gifts for children. The toy aisles at Wal-Mart, Target, and Toys R Us are filled with busy shoppers intent on buying that perfect toy for a child. Unfortunately, many toys are dangerous to children. Consumer groups and organizations like WATCH - World Against Toys Causing Harm - make it part of their mission to report on dangerous toys causing injuries or presenting a danger to children. An article posted by CBS 7 - Your Eye on West Texas reports the 10 worst toys according to WATCH. For those buying gifts / toys this holiday season, do your best to buy safe toys that are appropriate for both the age and size of the child.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

When Tiffany Williams’ autistic six-year-old son, Dante, did not return home from school one Wednesday afternoon, she called up the Carter and MacRae Elementary School, where Dante attended, to find out where he was. A bus driver, who was not the driver of Dante’s bus, brought the child home unharmed. That driver told Ms. Williams that Dante had been found, sound asleep, on the bus he was taking home from school that evening. Dante’s driver apparently failed to make the required check of the bus seats at the end of the route, and did not realize that he had not brought Dante home.

The Lancaster County, Pennsylvania school district has called this an “unfortunate incident” and has fired the negligent driver. The remaining drivers were given a refresher course on company bus driving protocol, emphasizing the check of the bus seats when dropping children off at school in the morning and at the end of the route in the evening.

While this story had a happy ending, leaving a child unattended in a vehicle can be fatal. In 2008, there were 42 reported deaths of children resulting from being left in cars and other vehicles. Heat stroke can kill a child in a matter of minutes on a hot day. Hopefully the extra training for the other bus drivers in this case will prevent this type of event from occurring again. Find out more about Dante and his ordeal at Autistic boy left on school bus; driver fired.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and other States, the legal drinking age is 21 years old. Many child safety advocates are in favor of such age restrictions. Teenagers and young adults lack good judgment when it comes to the safe consumption of alcohol. This is especially true when teens and children drink and drive. The Atlanta Journal Constitution reported that a 19 year old was found dead in his basement. It is suspected that the death may have been alcohol related. Tragically, this 19 year old is one of many children, teens, and young adults who die or suffer seriously personal injuries. Alcohol related poisoning is a real danger. Education, common sense, and parental supervision can go a long way to help reduce or limit the number of alcohol related poisoning incidents in Georgia and Other States.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Co-sleeping with a child can lead to serious personal injuries and death.

What is Co-Sleeping?
Co-sleeping is also referred to as the family bed. It is the practice involving babies and young children sleeping with one or two parents. The incidents or percentage of sleeping beds varies from city to city and from country to country.

What are the dangers of co-sleeping or the family bed?
It can be dangerous for an infant or small child to co-sleep with an adult. At times, the infant or small child is suffocated unknowingly by a sleeping adult. In addition, many children fall out of a bed that does not have railings or other protective devices. In Texas, it is estimated that 160 infants die annually as a result of co-sleeping in a family bed.

What can be done to improve safety for children?
Many child safety advocates recommend that infants and babies sleep in a crib or sleeping unit that is specifically designed for infants and babies. Furthermore, education to parents may help increase safety awareness and the dangers co-sleeping or the family bed.

You can read more statistics and information regarding this topic at Co-Sleeping with a Baby Can Be Dangerous.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Georgia and other States, parents, child care givers, and day care workers should be very careful about supervising children in and near kitchens and dining areas. While boiling water can be very common in cooking items, pots of boiling water can be very dangerous to children. Small children often lack safety awareness and do not understand the real dangers of scolding hot water. The Atlanta Journal Constitution recently reported that a 10 year old Gwinnett County child suffered burn injuries from a pot of hot water from a stove. The child was treated at Grady Hospital. This story shows the dangers of hot water and the importance of safety precautions and parental supervision around hot water. You can read more about this story at Child Burned by Water on Stove in Gwinnett County, Georgia.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

With Christmas coming soon, parents and grandparents are gearing up to buy toys for the children in their lives. But gift shoppers need to be careful, a number of toys have been recalled because they have been found to contain more than the allowed amount of lead. Unfortunately, some of these items are still for sale on some internet channels, so buyers need to beware.

The Consumer Products Safety Commission is reporting that the MacPherson’s Company (operating as Art Alternatives) has issued a voluntary recall on a product called “Little Artist Easels” and is encouraging parents to take the toys away from their children, and exchange them for new ones. The toys with the lead problem were manufactured in China, and are mostly sold in art supply shops and over the internet. The recall is for all such toys purchased from July 2004 until the present. Items subject to recall will have the item number, A13301, and a UPC code of 082435133010. If parents want to exchange a toy, or if they do not have access to the item code or UPC code, they can call the company at 1-866-319-5335 between 8am and 4:30 pm (PT) Monday through Friday, or email recall@macphersonart.com.

Lead poisoning can lead to lower IQ, anemia, muscle weakness, and brain damage. Concerned parents can visit CDC Lead Recalls.

Read more about other recalled toys at Parent alert: Toy recall manufactured in China – contains lead.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

For years, the public has heard horror stories on how the Catholic Church in dioceses throughout the United States and abroad knew about sex abuse and molestation cases yet stood by or even helped thwart investigations regarding the same. An interesting article was recently posted at the Ashbury Park Press (New Jersey) Website titled Orthodox Moves to End Silence. The article details instances where children were sexual assaulted or abused yet little to no action was taken by community leaders to address or investigate the problem. Tight knit religious communities internalize many functions and incidents without involving outside authorities. Unfortunately, many sexual abuse and assault incidents including those in or around the Orthodox Jewish Communities may have been "swept under the rug" rather than properly investigated and prosecuted. The fact that a crime is committed by a religious person or in or near a religious community does not change the fact that a crime has been committed. This is a simple maxim apparently is more complicated when dealing the intricacies of religious culture and community.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A child was left at a South Carolina church. After being left at church by a family member, friend or other person, church officials noticed that the child was lethargic. A person claiming to be the mother may have left the child at the church. Church officials feared that the child may have suffered a head injury or other serious personal injury. An investigation will be conducted by law enforcement and / or child welfare case workers and investigators to determine how the child suffered such injuries or had such medical problems. Parents have a duty to supervise their children and provide for their general health and welfare needs. If a third party like a neighbor, friend, relative, and / or day care center undertakes this duty for child care or baby sitting, there is a duty on behalf of these child care providers to protect and care for the child as well. Hopefully, this child gets the medical attention that the child needs and thereafter, if the child recovers to be released from the hospital, is then cared for in a loving and safe environment. See Child Airlifted After Being Left at a South Carolina Church.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Kickball is a popular elementary and sometimes middle school game that has been around for years. Typically, the game is played without incident or injury. Unfortunately, children are injured playing kickball and other schoolyard games. A school district can be held liable or responsible for the injuries if the game is not safely organized or if there is improper or inadequate supervision that leads to injury. It is the responsibility of the physical education coach, teacher, and or aide to make sure that playing fields are safe, free from hazards like above ground sprinklers, exposed rocks or fences, holes in the ground, or a grossly uneven playing surface. If a child suffers an injury as a result of negligence, a child can then pursue a case or claim against the school district. Of course, the laws of each State differ. Furthermore, each school district has its own rules and regulations that should be reviewed to determine compliance with the same.

In Mankato, Minnesota, a lawsuit was recently settled involving a fractured ankle. It appears from the story published at the My Fox 9 Web site that the field equipment, namely the kickball base which was merely a folder, was inadequate or unsafe for play. You can read more about this story at Mankato School District Settles Personal Injury Lawsuit.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A toddler enrolled in an Indiana day care center suffered serious personal injuries when an automobile crashed through the day care center. Two robbery suspects were being pursued by the police in a high speed chase that ended with the robbery suspects crashing into Stepping Stones Child Care. Police believe that the suspects robbed a nearby Family Dollar store. Three other children were also injured as a result of this crash.

This story shows how the lives of innocent children can be affected by careless, reckless, and illegal action. You can read more about this story at Crash into Indiana Day Care Center Results in Serious Injuries to Toddler.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The AZ Central Website recently published an article about the arrest of a man (Joseph Edward Roberts) who is suspected of molesting / sexually assaulting several young girls over a period of years. It was reported that Mr. Roberts would target young girls from economically struggling families. He would bring them in and buy them cell phones and take them on trips. Along the way, Mr. Roberts would groom these young girls for sex according to the allegations made against him.

Mr. Roberts will be entitled to defend himself on these charges. It will be interesting to see what evidence is gathered against Mr. Roberts. Some of the evidence may be from eyewitness and victim testimony. Other evidence may be electronic. This may include possible incriminating e mails and text messages. it appears that police have already done a good bit of investigative work so far and plan on doing much more. Anyone with information regarding this matter should immediately contact the Phoenix Arizona Police Department.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The death of an 18 year old freshman from the University of Delaware resulted in the suspension of a fraternity (Sigman Alpha Mu) and a fine of $50,000. Delaware Online reported on this story. The case was pursued by the Delaware Attorney General's office. The prosecution of hazing and drinking incidents on college campuses like the University of Delaware is very important for the safety of college students. Unfortunately, incidents of alcohol poisoning and alcohol related personal injuries and deaths continue to take place on or near college campuses every year. Fraternities can be a place of great fun. They can also be a place of great irresponsibility and danger. Alcohol poisoning is a very serious medical condition that requires medical attention and treatment. Without timely medical attention, serious personal injuries and even deaths result. Brett Griffin's life ended at 18 years of age as a result of alcohol poisoning. Students, administrators, teachers, and, yes, even parents should do their best to educate others about the dangers of alcohol.

By James Bailey, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Center for Disease Control and Prevention collects and publishes data regarding child injuries and deaths for Delaware as well as other States. According to the CDC, transportation related injuries had the highest death rate among children ranging in age from 0 to 19 years old in Delaware. It is tragic when a child dies. Other categories reported by the CDC were drownings, falls, fire/burns, poisoning, and accidental suffocation. Co-sleeping arrangements can, in some cases, cause suffocation related death or injurires to children. See Infants in Wisconsin and Other States at Risks for Personal Injuries and Accidental Death When Co-Sleeping with Parents or Others.

It is a great loss for the family, friends, school, and the community. In Delaware, drivers should obey traffic laws and operate vehicles according to the road conditions and traffic. Safe driving can help prevent many deaths and injuries to children. Other types of accidental injuries to children can be prevented or at least reduced with better child care supervision. In an effort to help reduce the incidents of child injuries, the CDC publishes tips and advice for parents, caregivers, teachers, and others charged with the responsibility for supervising and or caring for children. See Road Traffic Injuries - The Reality for tips regarding topics like car seats and teen driving. See Falls - The Reality for tips regarding safety at play, home, and while participating in sports.

Prevention is key to preventing the pain, suffering, and, in some cases, death to children. If a child is injured or dies due to the negligence of a care provider, school, day care center, or medical provider, a child injury lawyer can provide consultation and advice as to the legal responsibilities and rights associated with such a matter.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to activities provided by or at the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-6.1).

Years ago, day care centers are merely a way in which a child could receive babysitting or supervision while a parent was at work. In more modern times, day care centers are now centers of learning and are required to provide children with planned educational activities. The day care center must develop and implement activities that are geared to the child's age and development level. These regulations apply to both indoor and outdoor activities at the day care center. The staff member responsible for supervising these activities is required to maintain a written outline to be maintained on file at the day care center of the various activities provided for the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Las Vegas, Nevada, a woman (Brandi Reeves) pleaded guilty to criminal charges of child abuse and neglect for her role in the death of a 2 year old son. The criminal investigation and criminal prosecution also involves the child's father who is facing murder charges regarding the death of the boy who died in 2007. Witnesses reported that the father beat the child with a hammer. This is a sad and tragic story as to how some parents discipline and abuse their children. Of course, the father will be entitled to defend himself regarding the charges. Whether the crime was committed by the father, girlfriend, or some other individual, a 2 year old child should be protected and cared for in a loving environment rather than beating senselessly by an adult who should certainly know better. You can read more about this story at Nevada Woman Pleads Guilty for Her Role in Death of Toddler.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to field trips and keeping track of children in and outside of the day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is required of the day care center as to attendance and keeping track of the children?
Each day care center must develop and put in place a Bureau-approved method of tracking children as to location and safety at all times while under the supervision of the day care center. This includes but is not limited to the transfer of supervision of the children during arrival time and departure time.

What training is required as to the tracking of children?
The day care center is required to train all staff members as to the method utilized to track children. As such, if the approved method is a checklist, all staff members must be trained as to how to use and document the check list.

Is there a minimum number of staff members required to accompany children on a day care center field trip?
Yes, there is a minimum requirement of two staff members who must attend the field trip. In addition, the facility has a duty to comply with other staff / child ration requirements when on a field trip.

What is the purpose of these rules and regulations?
Like many other rules and regulations, the purpose of these regulations is to promote the proper supervision and safety of the children. A simple checklist that is completed correctly can help prevent and avoid children being left behind on field trips or left at the facility with no supervision.

There have been far too many incidents involving injury or death to children who have not been properly supervised or accounted for on field trips. The consistent compliance with these regulations is a vital part of the operation of a New Jersey day care center.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Port Chester, New York, a child was reported to have suffered a skull fracture. The
Lo Hud (Lower Hudson) Website provided some details as to the allegations against Jose Cruz, who is accused of slamming the child when her crying disturbed Cruz while he was watching a soccer match on television. Young children cry from time to time. Some infants even cry for extended periods of time. Rather than hit or assault a child, parents, caregivers, and / or babysitters should take a deep breath and remind themselves that babies will be babies. Police believe that the actions of Mr. Cruz resulted in the baby suffering a skull fracture to the back of her head. Cruz was the boyfriend of the woman who was responsible for babysitting the child.

By Jonathan Safran, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Wisconsin and other States, there is a problem with dishonest day care centers charging the State and Federal government for day care services that are not being provided. Paying dishonest day care providers takes away funds needed from families and day care centers who would otherwise legitimately benefit from these funds. The State of Wisconsin Department of Justice is investigating various day care providers to determine what evidence exists to support a case for the improper use or acceptance of government funds. Day care centers that accept funds for children who are not present are likely to break other rules as well. Wisconsin day care regulations are in place for the safety, protection and welfare of children. You can read about a recent investigation at the Milwaukee Wisconsin Journal Sentinel Online - Milwaukee Day Care Center Faces Investigation.

By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A four year old boy, Jonathan Vasquez, was killed in a hit and run accident in front of his school recently. The child was riding a scooter to preschool, with his grandmother and older brother walking behind him, when he was hit while crossing the street that leads out of the school parking lot. The driver of the car fled the scene, dragging the boy’s body behind him for a short distance. Because the accident occurred just after the first morning bell, there were few witnesses and the police do not have a good description of the car or the driver, who has only been described as a man with a dark complexion.

Drivers need to be extra cautious around schools and parents need to hold children’s hands when walking in parking lots or crossing streets. Child safety experts warn that drop off and pick up at schools are the most dangerous places for young children, and estimate that about half of all children struck by cars near schools are hit by other parents. School administrators and teachers should remind parents that they need to slow down and drive with caution, and keep their mind on their driving instead of the day ahead. Parents and others picking up children at school should leave the house ten minutes earlier so that parents are not feeling rushed when dropping their kids of at school. And of course, it is always a good idea to hold a child’s hand near traffic.

North Sacramento Police have asked anyone with information about the accident to call Crime Alert at (916) 443-HELP. Callers can remain anonymous and might be eligible for a reward of up to $1,000. You can read more about this hit and run accident at Child's hit-run death in North Sac spurs school safety warnings.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to staff / child ratios in day care centers under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-4.3.).

What is a staff / child ratio?
It is the minimum staffing required by the State of New Jersey to be in place for the number of children present at the day care center.

What is the purpose of the staff / child ratio?
The purpose is to make sure that the facility is adequately staffed and that there is a sufficient number of staff members to care for the needs of the children.

Does age play a role or factor in setting up the staff / child ratio?
Yes, the younger the child - the lower the ratio. In other words, a facility with 10 children under the age of 18 months will be required have more staff in place per the regulations than a facility with 10 children over the age of 18 months.

Does compliance with the staff / child ratio mean that my child will be kept safe?
Not necessarily. However, compliance with staff / child ratios and documentation for the same is a good indicator that the day care center is following regulations and putting a sufficient number of child care providers in place to meet the needs of the children.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Four year old John-Paul Massey of Liverpool, England, was being watched by his grandmother, Helen Foulkes, while his mother was out on a date. Some time that evening he was mauled to death by the family’s pet Bull Terrier. Ms. Foulkes tried to pull the boy out of the dog’s jaws, but was unsuccessful. Ms. Foulkes suffered some bite marks. She was treated and released from the hospital. When police arrived they shot the animal on the spot. The attack took place at a house where police had been warned that illegal dog-breeding was taking place.

Merseyside Police have launched a full investigation into the child’s death, especially considering the failure of the police department dispatcher to pass on the message to officers about the suspected dog breeding at the residence. The operator reported that he felt it was not a police matter and so disregarded it. The operator’s actions were against police policy. Part of the investigation will also involve determining the dog’s exact breed, to see if the dog's breed fell under the country’s Dangerous Dogs Act, which completely bans four breeds of dangerous dogs. It is also not clear at this point who owned the dog, although neighbors have said that it belonged to Ms. Foulkes’ son, Christian Foulkes, an active soldier. Neighbors also reported that the dog was vicious and that they were afraid of it.

The death of this child is a tragedy that the family and the community will not soon get over. The judgment of the mother and grandmother of this child should be called into question for allowing the child to stay in a home with a viscous dog. Read more about this deadly bull terrier attack at Police 'were warned' before family's dog killed child.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Culpeper, Virginia Star Exponent posted an article tiled Buckle Up - Baby. It was a short but very important article on child safety restraints in vehicles. According to the National Highway Safety Administration, three out of every four parents improperly install or use child safety restraints in their car. In response to such a problem and alarming statistic, hospitals and police departments around the nation offer a child safety seat course or check. Most classes are free or charge a minimal fee for this most important service. Parents often times spend a lot of money on car safety seats. In addition to the time and expense in purchasing a seat, parents should take the time, effort, and money to make sure that the car seat is properly installed and utilized. If you have any concerns or doubts about the installation or use of a car safety seat for a child, get help and advice from experts trained in the field. Simple safety precautions can help prevent serious personal injuries and even death to a child when there is an automobile accident.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts and other States, parents leave children unattended in a vehicle while running or doing an errand every day. In Fall River, Massachusetts, a father (Michael Monahan) was reported by Fall River Police for leaving his children unattended for a few minutes in a trunk of a vehicle. See Fall River - Massachusetts Father Leaves Children in Trunk While Running an Errand. While it did not appear that the children were physically harmed, leaving children in a trunk of a vehicle to run some errands is not a sensible way to supervise children. In some instances, a child can be harmed by being placed in a trunk of a vehicle. This is especially true when there is extreme cold or hot temperature. If the father forgot about the children and drove off, the children would not be properly restrained for transportation in the trunk of a vehicle.

There have been numerous incidents involving children who suffered personal injuries or death when they were left unattended or unsupervised in a vehicle. Parents should bring their children with them when running errands. Do not leave children unattended in a vehicle.

By Robert Fernicola, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In New Jersey, child care centers and day care centers are regulated by the Department of Human Resources and the Child Care Licensing Laws. There are specific rules / regulations pertaining to accident reports or incident reports when a child suffers or sustains an injury while attending the day care center under the New Jersey Administrative Code (N.J.A.C. Chapter 10: 10:122-7.6.). In particular, a day care center is required have a file of record with the following information:

*Name of the injured child;
*Date - time - location of the incident;
*Name of the Child Care Center;
*Address of the Child Care Center;
*Name of the Person Completing the Accident / Incident Report;
*Date that the Report was completed;
*Written description of the incident, type of injury, and witnesses;
*Written documentation regarding first aid provided; and
*Written documentation regarding treatment by a doctor or medical provider.

By requiring day care centers / child care centers to document injuries that take place at the day care center, parents and the Department of Human Resources have access to information about injury incidents that take place at the facility.

Parents should request a copy of the Incident / Accident Report. The regulations state that the parents are entitled to a written description of the incident by the end of the next operating day.

You can read more about these and other regulations at Chapter 122 - Manual of Requirements for Child Care Centers - State of New Jersey Department of Human Resources.